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AMERICANS UNITED v. CITY OF GRAND RAPIDS

No. 90-2337.

922 F.2d 303 (1990)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, A Corporation; Benjamin Baum; Phyllis Ball; Walter Bergman; John Charles Bearden; Gilbert R. Davis, and James T. Weaver, Plaintiffs-Appellees, v. CITY OF GRAND RAPIDS, a Municipal Corporation, Defendant, v. CHABAD HOUSE OF WESTERN MICHIGAN, a Corporation, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

December 13, 1990.

Attorney(s) appearing for the Case

Albert Dilley, Grand Rapids, Mich., for plaintiffs-appellees.

G. Douglas Walton, Deputy City Atty., Grand Rapids, Mich., for defendant.

Richard G. Leonard, Douglas P. Vanden Berge, Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, Mich., David G. Webbert, Nikki Kuckes, Bradford M. Berry, Nathan Lewin, David I. Gelfand, Miller, Cassidy, Larroca and Lewin, Washington, D.C., for intervenor-appellant.

Before GUY and BOGGS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

I

BOGGS, Circuit Judge.

For the past six years, the City of Grand Rapids has permitted the Chabad House, an arm of the Lubavitch movement of the Jewish faith, to erect a privately-owned menorah in Calder Plaza, a publicly-owned area near a number of buildings of the City of Grand Rapids and other governments. The menorah remains during the season of Chanukah, a Jewish religious holiday lasting eight days in December...

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